This single-paragraph order rejects an anticipatory bail application but grants a direction for expedited disposal of the subsequent bail application if the petitioner surrenders at the lower court.
Direction for first-hour disposal of subsequent bail application upon surrender if application in higher forum. No anticipatory bail granted.
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ABLAPL No. 10961 of 2017
The prayer for anticipatory bail is rejected.
However, considering the submission of learned counsel for the petitioner that other co-accused persons similarly situated have already been released on bail in the meantime, and in view of the nature of allegations made against the petitioner, it is directed that in the event the petitioner surrenders before the learned S.D.J.M., Kendrapara in G.R. Case No. 362 of 2017 arising out of Mahakalapada P.S. Case No. 51 of 2017, and moves for bail, the same shall be disposed of in the first hour so as to enable him to move the higher forum on the same day in the event of rejection. In such eventuality, case diary be made available and records, if necessary, be transmitted at the cost of the petitioner to the higher forum.
It is needless to say that learned court below, while considering the bail application of the petitioner, shall see whether he stands on the similar footing as the other co-accused persons, who have been released on bail, and pass necessary orders in accordance with law.
The ABLAPL is disposed of.
Issue urgent certified copy as per rules.
…………………….… Dr. B.R.Sarangi, J
GDS
2 issues framed by the court
Whether anticipatory bail application is rejected outright or given specific directions for future proceedings.
Whether the petitioner should be entitled to priority disposal if he surrenders for bail.
1 provisions across 1 enactments
Petitioner
State
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
